Magazine LL&E turns 40 turns LL&E Nelson Dorothy Judge for Clerking globe across the Grads Curricular ISSUE THIS A Revolution IN
F ALL 2005
Magazine Fall 2005 onprofit Organization onprofit N Paid U.S. Postage of Southern California University ilshire Grand ilshire Jan. 23-25 , disciplinary Hotel Feb. 10-11 June 9-10 ednesday , , e ch 1 ax Institute, W day day Mar ough W , ed by the USC-Caltech Center oach to Budget Policy” conference Annual Sydney M. Irmas USC Law th ednesday “Fiscal Challenges: An Inter Appr sponsor for the Study of Law and Politics, the Law School, Irvine Foundation and Harvard USC Law W USC Law Alumni and Student Mentor and Gown Lunch, USC Town 3 March Friday, of competition, Hale Moot Court final round USC Norris Theatre 8 March Wednesday, and Gown PILF Auction, USC Town April 24 Monday, 25 USC Law 2006 T Hotel (Continuing Legal Education program) Friday and Satur Monday thr Reunion 2006, USC Law and Millennium Biltmor Golf Tournament, Wilshire Country Club Golf Tournament, May 14 Sunday, Commencement Friday and Satur CALENDAR ork , Magazine Oct. 6-9 USC Bovard e, New Y , , Nov. 18-19 Nov. , endum Institute, USC emony day ashington, D.C. ough Sunday oadband: Is the U.S. Lagging?” Anniversary Celebration, h t Dec. 5 Oct. 25 , , Oct. 7 ence, Wilshire Grand Hotel ence Center 125 , George Pataki, USC Davidson eless Br s USC Law Roth Lectur . ir th ddress Service Requested ddress Service uesday Auditorium Reunion 2005, USC Law and Hotel Millennium Biltmore Monday Bar Admission Cer (Continuing Legal Education program) Friday and Satur Law Ackerman Courtroom 18 Nov. Friday, and Trust USC Law 2005 Probate Confer “W by the USC Center for sponsored Communication Law and Policy 1 Nov. Tuesday, on the Brink: The Democracy “Direct California Special Election Conference” by the USC-Caltech Center for sponsored the Study of Law and Politics and the Initiative and Refer Capitol Hill, W T Confer University Park Campus Friday Thursday thr A University of Southern California University California 90089-0071 Los Angeles, Gov 24 USC’ Magazine
FALL 2005
Editor Melinda Myers Vaughn
Managing Editor Rizza Barnes
Writers Karen A. Lash ‘87 Gilien Silsby
Editorial Assistant Christi Vargas ON THE COVER FEATURES
Intern 14 10 Kristen Natividad 14 A curricular revolution 10 Cosmopolitan Celebrating 40 years of USC Law’s international Design and Creative Direction Law, Language and Ethics programs grow by leaps IE Design + Communications at USC and bounds Hermosa Beach, CA 18 From courtroom to kitchen Cover CPK co-founder Larry Flax ‘67 Naomi Shea is using his legal education to redefine the American pizzeria Photography Lisa M. Brook Felipe Dupouy Steven A. Heller Tonya McCahon Roberto Stephenson
USC Law Magazine is published two times a year by the USC Gould School of Law. For publication information or to submit letters to the editor, contact: Melinda M. Vaughn USC Gould School of Law Los Angeles, California 90089-0071 e-mail: [email protected] phone: 213.740.9415 fax: 213.740.5476 © 2005 University of Southern California Gould School of Law DEPARTMENTS 3 PROFILES 31
2 Dean’s Message 28 Kathleen Peratis ‘66 Women’s rights champion 3 News honored by Human Rights Watch USC Law renovates café and library; record number 29 Peter Kezirian ‘89 of clerkships; new faculty; Grad receives prestigious and more American Marshall Memorial Fellowship 8 Quick Takes Law Alumni Mentor 30 Karen Widess ‘85 Program; Class of 2008; Human rights lawyer USC turns 125; and more supports democratic efforts around the world 22 Faculty News Faculty footnotes; new 31 Kenji Hirooka LLM ‘04 chair in healthcare law; Attorney seeks to contribute professor named vice to society through job, provost; and more life and global education
32 Closer MaryBeth LippSmith ‘02 on clerking for Judge Dorothy Nelson LLM ‘56 Dean’s Message Magazine Fall 2005 2
Torrent of generosity
Sometimes it takes unfathomable tragedy to reveal our best qualities, and Americans seem particularly skilled in responding to dire situations with charity and selflessness. Hurricane Katrina devastated an entire swath of the Gulf Coast and unveiled incredible ineptitude at all levels of govern- ment — but the storm also elicited one of the most overwhelming displays of generosity this country has ever seen.
At USC Law, we’ve been lucky to welcome four law students from Tulane University, one of many universities affected by Katrina’s wrath. In the days immediately following Katrina, we received more than 70 calls from students looking for a law school that would allow them to continue their studies. We, along with almost every other law school in the country, offered to take in dozens of students. Many we spoke with ultimately decided against resuming their studies immediately or found opportunities more suitable to their personal situations; in the end, four Tulane students settled in at USC Law (and more than 100 other Gulf Coast students joined programs around USC’s campus).
When word spread that a handful of Tulane students would be spending Dean Matthew L. Spitzer fall semester at USC Law, calls came flooding in. People offered money, computers, spare bedrooms and rides to school. USC students shared out- lines and books, gave tours, and provided guidance and friendship. More than $9,000 in gifts to support the students’ needs — ranging from clothing, books and computer accessories to insurance, transportation and housing — came from our alumni, friends and people in the legal community. The Tulane students have been overwhelmed by this generosity. I can’t say I’m surprised, though. The USC Law family has a tradition of incredible generosity. That our graduates care about each other and the world around them is just common knowledge around here. I am grateful and proud to be part of such a kind and generous community.
I know many of us are looking for other ways to help those affected by the hurricanes. The need for legal aid is enormous; victims will require assistance with a wide range of legal issues for years to come, and lawyers in the devastated areas are scrambling to provide services while also picking up the pieces of their own lives. The American Bar Association web site, abanet.org, offers myriad opportunities to assist, ranging from pro bono services to providing office space for displaced attorneys. Let’s hope that we don’t forget the continuing need for aid as the images of the storm’s wrath fade from our television screens.
Matthew L. Spitzer ’77 Dean and Carl M. Franklin Professor of Law and Professor of Political Science Fall 2005 Magazine News 3
New hires strengthen school’s leadership in interdisciplinary studies
Scholars in voting rights, corporate law join USC Law faculty
Kareem Crayton and James Spindler
wo rising scholars have joined the USC Gould School Crayton has studied congressional elections, legislative decision- of Law faculty: Kareem Crayton, an authority on election making and political representation. His dissertation — “What’s law, voting rights and politics; and James Spindler, an New about the ‘New South’?” — examines problems with various expert on securities laws, disclosure and corporations. empirical assumptions about the effect of the 1965 Voting Rights USC Law Dean Matthew L. Spitzer said Crayton and Act on congressional redistricting. His current research considers TSpindler will enhance scholarly life at the law school and further some of the political and constitutional questions related to possible elevate its national stature and reputation for academic excellence. amendments to reauthorization of the Voting Rights Act. “We couldn’t be more pleased that Kareem and James have Spindler comes from the University of Chicago Law School, accepted our offers, especially because they each had very attractive where he was a visiting assistant professor. He earned his law degree opportunities at other top law schools,” said Spitzer. “Kareem’s from Harvard and his bachelor’s degree from Princeton University. expertise in race and politics will certainly enhance the work of “I chose USC because of its outstanding faculty and its reputation our Center for the Study of Law and Politics, and James’ expertise for producing quality interdisciplinary work,” Spindler said. “It’s also in securities and corporations will further amplify our strength in a very supportive environment for research, which is especially corporate law. We are confident both Kareem and James will emerge important for junior faculty like me.” as leading scholars in their fields.” Specializing in regulation of securities and capital markets, Crayton, who earned his bachelor’s degree in government from Spindler is particularly interested in how legal rules affect the ability Harvard and his law degree and Ph.D. in political science from of parties to communicate information to one another, and how those Stanford University, said he chose USC Law because of its high- rules affect the way parties strategically structure their transactions. quality faculty, its tradition of interdisciplinary work, and its location. Spindler has taught courses on federal securities regulation, com- “There are precious few schools that take interdisciplinary work mercial law, and corporate and securities law. He also has studied as seriously and fewer still that actually have the personnel who can how corporate perks play a role in employee misbehavior and trends really bridge the law with other fields,” said Crayton, who was a fel- in underperformance in the IPO market. low and instructor of law at Vanderbilt University Law School before joining USC. “I also found that this law school and Los Angeles as a — Gilien Silsby whole are culturally and socially rich places to conduct research on the intersection between race and politics.” News Magazine Fall 2005 4
businessOpen for USC Law renovates library and café
Photos by Steven A. Heller Fall 2005 Magazine News 5
USC Law students returned to campus this fall to find their familiar old law library and dark downstairs café had been renovated — and vastly improved. The new café features terrazzo floors, a lounge alcove, a 61-inch flat-screen television, and a tasty selection of made-to-order sandwiches and salads. The library feels entirely new — the entrance was moved to the western-most edge of the building, and new carpeting, lighting, wood and glass paneling, and furniture have made the space both beautiful and functional. A new multimedia room and a new computer lab provide access to the latest and best in computer technology. The students’ favorite part? Cozy new chairs and roomy new study tables, which feature individual lighting and ports for laptop plug-ins. News Magazine Fall 2005 6
USC LAW CLERKS 2005
U.S. Court of Appeals 6TH CIRCUIT The Honorable Danny J. Boggs Ken Berland ’05 9TH CIRCUIT The Honorable Ferdinand F. Fernandez ’62 Benjamin Wang ’04 The Honorable Ronald M. Gould Matthew Wickersham ’05 The Honorable Johnnie Rawlinson Daniel Ahn ’05
U.S. District Court CALIFORNIA The Honorable Percy Anderson (C.D. Cal.) Torrey Cope ’05*
The Honorable Cormac J. Carney (C.D. Cal.) Bryan Smith ’05
The Honorable Gary Allen Feess (C.D. Cal.) Paul Rosen ’05
The Honorable Dale S. Fischer (C.D. Cal.) Clerkships Temre Davies ’05 The Honorable George King ‘74 (C.D. Cal.) awarded to James Finsten ’05 The Honorable Virginia A. Phillips (C.D. Cal.) Daniel Weiss ’05
The Honorable Edward Rafeedie ‘59 (C.D. Cal.) (Senior) 18 grads Bethany Woodard ’05
A record number of USC Law graduates — 17 members The Honorable Manuel L. Real (C.D. Cal.) Mani Dabiri ’05 of the Class of 2005 and one from 2004 — received judi- th cial clerkships this year, serving in positions in the 6 The Honorable Christina Snyder (C.D. Cal.) and 9th U.S. Circuit Courts of Appeals, as well as other Marcus Spiegel ’05 federal and state courts in California, Arizona and New York. Considered the most prestigious and competitive The Honorable Alicemarie H. Stotler ‘67 (C.D. Cal.) Kimberly Encinas ’05 employment opportunities available to recent graduates, clerkships offer unique exposure to a wide range of legal U.S. Bankruptcy Courts issues and unparalleled access to the judicial process, as CALIFORNIA well as the opportunity to gain a lifelong mentor. (See Page The Honorable Meredith Jury 32 for a firsthand perspective on the clerkship experience.) Sheri Kanesaka ’05
The USC Law Career Services Office offers assistance U.S. Court of International Trade (New York) to students interested in pursuing clerkships, including The Honorable Jane A. Restani Anna Chu ’05* skill development workshops as well as guides on com- piling a successful application and on interviewing. State Courts USC Law also coordinates and mails the applications. ARIZONA Priya Sridharan, assistant director of career services, The Honorable Ruth V. McGregor (Supreme Ct.) works with each student on the judge selection and Ivy Tseng ’05 application process. “This additional assistance has prompted a significant increase in the number The Honorable Daniel A. Barker (Appellate Ct.) of students receiving clerkships,” says Sridharan. Eleanor Mercado ’05
* Two-year term Fall 2005 Magazine News 7
Former Irmas Fellows honor benefactor at USC Law event
Far-reaching generosity
From left to right: Matthew Strugar, Maria Hall, Laura Fry, Audrey Irmas, Veronica Hahni, Jennifer Summerville and Connie Huang
lumni, faculty and friends gathered this spring to USC has a fully funded post-graduate fellowship open only to salute longtime USC Law supporter Audrey M. USC Law graduates. Fellowships are often the only way for Irmas for her role in advancing the school’s public young lawyers dedicated to public interest law to get their foot in interest programs. In 1990, Mrs. Irmas and her late the door of cash-strapped organizations that cannot afford to hire husband Sydney M. Irmas ’55 established the USC young attorneys with little practical experience. Thank you so ALaw Public Interest Endowment; the school’s prestigious year- much for giving me the chance to enter the world of human rights long post-graduate fellowship is named in honor of the couple’s impact litigation right out of law school!” dedication to serving the community and USC Law. — Matthew Strugar ’04 In recognition of the Irmas family’s generosity, letters of appre- ciation from past fellows were presented to Mrs. Irmas during the USC LAW IRMAS FELLOWS spring event. Following are excerpts from some of the letters: Year Name Sponsoring Agency
“The Irmas Fellowship I received in 1993 was the highlight of 1991 Terri Villa-McDowell Legal Aid Foundation of Long Beach my law school years. With that generous grant, I went to the 1992 Laura Fry Legal Aid Foundation of Los Angeles Navajo Indian Reservation, where I worked for almost five years 1993 John T. Carlson Navajo Nation Department of Justice on behalf of Navajo families who were asserting their historic water rights in various stream adjudications. I no longer practice 1994 Veronica Hahni AIDS Service Center of Pasadena Indian law, but the Irmas Fellowship launched me in a career 1995 Jennifer Summerville Legal Corp. of Los Angeles dedicated to public interest.” 1996 Darcy Griffin Bondurant United Farm Workers of America — John T. Carlson ’93 “The Irmas Fellowship gave me my start as a lawyer at the Legal 1997 Derek Haskew DNA-People’s Legal Services Inc. “ Aid Foundation of Los Angeles in 1992. Several years and several 1998 Karala Jenkins-Turner Protection & Advocacy Inc. jobs later, I again work for LAFLA. Almost all of my clients have been abused by their significant others. I have helped many of 1999 Hyanne Park Public Law Center them to get restraining orders, as well as to get and to keep cus- 2001 Bernardo Merino Immigrant Legal Resource Center tody of their children. Thank you for opening the path that led to 2002 Nausheen Hassan California Women’s Law Center help for these women.” — Laura Fry ’92 2002 Connie Huang Public Counsel Law Center “USC students are extremely lucky to have the Irmas Fellowship. 2003 Maria Hall Communities for a Better Environment When I explain to students how I was able to work in human “ 2004 Matthew Strugar Center for Constitutional Rights rights law directly out of law school, most are astonished that 2005 Shannon Seibert Equal Justice Society Quick Takes Magazine Fall 2005 8
LIGHTING THE WAY
USC Law has launched a new mentor program designed to provide students with more direct interaction with alumni mentors in specific fields of law. The Law Alumni Mentor Program (LAMP) provides students with access to a database of alumni who have agreed to serve as mentors to stu- dents interested in learning about their fields of practice and in networking with legal professionals. “The USC Law alumni network is an amazing resource that we want to make easily accessible to students and graduates,” says Melissa Balaban ‘91, assistant dean of career services. “This program will give students access to a whole slate of alumni who have actively agreed to serve as mentors. It also gives our graduates a great opportunity to interact with — and be impressed by — our students.”
To become a mentor, contact the Development and Graduate Relations Office at 213.740.6143.
BUMPER CROP R
More than 275 new students — E including first-years, visiting and
Pictured: (clockwise from left) Tulane students Ana Gallegos, Joseph L transfer students, and LL.M.s — Bourassa, Aaron Tesfai and Mary Craver surround Dean Spitzer.
FOUR LAW STUDENTS WHO I
arrived at USC Law this fall, fled the hurricane-ravaged Gulf Coast are resum- E marking the largest incoming group of students in the school’s history. ing some semblance of normality — and partaking of some genuine Trojan hospitality — at USC Law The J.D. Class of 2008 consists of 213 students — culled from more than F 7,200 applications — hailing from nearly 100 colleges and universities from this fall. around the country and the world. The second- and third-year students from
Tulane University Law School are visiting at USC E They are a diverse class with a wide range of on a temporary basis until Tulane reopens. Under experience. Many have been educators, entrepreneurs USC’s arrangement, students are participating in or business owners, while others have worked in the F courses comparable to those they were taking at entertainment industry. One was a GED teacher in Tulane. They will continue to pay tuition to their
Compton, Calif., working with adults in a drug rehabili- F home school for as long as they are at USC; tation program; another developed a television show for The Animal Planet. the students and the credits they earn for USC Others have worked in politics, public policy and government, including one courses will transfer back to Tulane once the O who joined the CIA as an intelligence analyst in the Office of Iraqi Analysis. school is operational. In addition, more than 65 international students from 17 countries enrolled USC Law welcomed the Tulane students with R in the LL.M. (Master of Laws), VIP (Visiting International Program for open arms; students immediately provided study Lawyers) and M.C.L. (Master of Comparative Law) programs. They, too, bring notes, books and even spare beds. USC Law alumni, T an impressive diversity of experiences, having practiced law at some of the faculty and staff also pitched in, offering funds, world’s most prestigious law firms, or having worked in legal and business posi- clothes, housing, transportation and tutoring to the tions in a broad spectrum of industries and specializations. displaced students. “It is my hope,” Associate Dean Bill Hoye told students during Orientation “I think everyone has been so moved by this Day activities, “that over the next three years, those of us whom you will meet tragedy that they want to do anything they can to — the faculty and deans, the staff, your classmates and your second-year advi- help, even if in a very small way,” said Dean Matthew sors — can help you finish law school just like you started today: with optimism, L. Spitzer. “Helping these students get back on their with a sense of humor and a sense of duty, and with a passion for justice.” feet and resume their classes seemed to be the least we could do. We’re glad to have them here.” Fall 2005 Magazine Quick Takes 9
VERBATIM
“There is immediate suffering in Katrina’s wake, but the hurricane has swept over a structure of American inequality, exposing it for a moment. The question for us all is whether we shall take the opportunity to see it.”
— Mary L. Dudziak, Judge Edward J. and Ruey L. Guirado Professor of Law and History at USC, in an op-ed published in The Boston Globe on Sept. 2, 2005
CELEBRATING 125
The University of Southern Taking flight
California celebrated its USC Law graduated 202 J.D. students th and 40 LL.M. students in May, releasing 125 anniversary this fall into the world a flock of exceptionally prepared and remarkably diverse legal with a massive campuswide celebration that included eagles. The J.D. Class of 2005 featured 90 minority students and 40 international lectures, performances and concerts hosted by individ- students representing 14 countries. ual schools. USC Law contributed to the festivities by The Hon. Candace D. Cooper ‘73, offering lectures by several prominent faculty members — Elizabeth Garrett presiding justice of the California Court spoke about hybrid democracy, Edward McCaffery discussed interdisciplinary of Appeal, offered words of congratula- tions and advice: “Hard work, persist- scholarship, and Susan Estrich discussed and signed copies of her recent book, ence and initiative are still the certain How to Get Into Law School — as well as a family picnic for alumni and students, paths to success for most of us,” she and tours of the law school. told the festive crowd. “Your success In addition, New York Gov. George Pataki presented the law school’s annual will be commensurate with your efforts, and, given a little luck thrown in with Roth Lecture. Addressing a crowd of several hundred people, the governor spoke good timing, you will be more success- on the role of the judiciary in a democratic society. “There is a fundamental ful than you could imagine today.” distinction between interpreting the law and making it,” he said.
PAINTING PROGRESS
More than 80 incoming students helped spruce up a local elementary school this fall as part of the Class of 2008 Orientation Community Service Project. Students painted all the hallways, stairwells, doors and bungalows at Ann Street Elementary School, near USC’s campus. They also painted two murals, including one that features the school’s mascot, a bulldog. Painting materials were provided by L.A. Works, a nonprofit organization that supports hands-on community service in Los Angeles. Students who organized the event plan to sponsor similar projects throughout the year. “I believe we are all attracted to law school with a cause, a vision or a dream to overcome injustices around us,” says second-year law student Mandana Dayani, who helped coordi- nate the event. “I hope this program helps reinforce the prevalence of these injustices, so we never forget our place in the justice system and our hopes in fostering progress.” Feature Magazine Fall 2005 10
USC Law’s international programs grow by leaps and bounds cosmopolitan By Rizza Barnes
JUSNEET CHOWDHARY WAS DETERMINED TO EARN AN ADVANCED LAW DEGREE — IN LONDON. BUT HER BROTHER WAS EQUALLY DETERMINED TO REDIRECT HER PATH. SINCE GRADUATING FROM USC LAW AS PART OF THE INAUGURAL LL.M. CLASS OF 2003, MANBIR CHOWDHARY HAD URGED HIS SISTER TO FOLLOW IN HIS FOOTSTEPS.
Photos by Steven A. Heller Fall 2005 Magazine Feature 11
Professor Edwin Smith teaches Introduction to the U.S. Legal System.
“He kept telling me that being part of the master of laws program returning to their home country. Others, like Manbir, advise at USC was the best academic experience of his life,” says Jusneet, their relatives. who was born and raised in Europe and received her LL.B. from “I wanted my sister to gain the value of a dual legal education,” the University of Buckingham. “He talked about the quality of says Manbir, who previously worked at Latham & Watkins and cur- education, his amazing relationships with his professors, and the rently is developing more than 1,500 acres in Southern California’s helpfulness of the staff.” San Bernardino County. “With the expanding globalization of markets, His tactics worked. Jusneet began her studies at the USC there is increased interaction between American and foreign Gould School of Law this fall and plans to pursue international economies and their legal systems. For foreign law graduates, an law after graduation. LL.M. from USC Law will only enhance their careers, no matter “I’m glad I listened to him. I’m very lucky to be here,” she says where they choose to practice. Furthermore, the networking at USC of the law school. “To have a USC LL.M. degree under my belt is phenomenal. I’m very much in touch with all of my classmates as would be a great thing anywhere in the world.” well as my professors, who remain extremely accessible whenever I According to Debbie Call, assistant dean of graduate and need their advice.” international programs, Jusneet’s case perfectly illustrates the power of USC’s primary marketing tool: alumni endorsements. LOGICAL GROWTH “The growth of our international offerings is directly linked to The expansion of USC Law’s international offerings extends well the experience our graduates have had,” Call says. “Word of mouth beyond the LL.M. program. In 2004, the law school began a is critically important for us.” four-week Summer Law and English Program — in conjunction Consider that the LL.M. program launched in fall 2002 with with the nationally recognized USC Rossier School of Education Manbir and just 11 other foreign lawyers. The following year, enroll- Language Academy — to help prepare international students ment more than doubled to 29. In 2004, the number climbed to 40. for LL.M. programs in American law. The first summer saw 22 This year’s crop boasts 61 students from 17 countries, ranging from students; this year enrollment grew to 42. Taiwan to Panama, Uzbekistan to Nigeria. And in response to demand from former students, USC Law Many grads urge their colleagues to apply to USC Law upon this fall launched another advanced degree program for foreign Feature Magazine Fall 2005 12
lawyers who already have earned an LL.M. The one-year Master of Comparative Law program explores the differences, similarities and interrelationships of various systems of law around the world. USC Law also has introduced an exchange program that allows J.D. students to study at the University of Hong Kong (HKU) while law students from HKU attend USC. In addition, the Visiting International Program for Lawyers provides legal and business pro- fessionals the chance to study American law at USC on a non-credit, non-degree basis. It also offers current LL.M. students the ability to continue their legal studies for another year and prepare for a bar exam. Soon, a dual-degree program for USC Law J.D. students will join the mix. Beginning in fall 2006, a J.D. candidate will spend his or her third year in the London School of Economics (LSE), taking LL.M. classes. After the third year, the student earns a J.D. from Clockwise from top left: Pimnapa Naigowit and Olga Zalomiy; siblings Manbir and Jusneet Chowdhary; and Ibitayo Okusanya. USC and an LL.M. degree from LSE. Meanwhile, LSE bachelor of law candidates spend their third and fourth years at USC, eventually earning an LL.B./J.D. degree. MELTING POT “The size of our international programs has increased at a much More international programs means an even more diverse student faster pace than I expected, but it’s a pleasant surprise and, really, a population at USC Law. That’s good news for Smith, who says the very rational growth,” says Edwin “Rip” Smith, the Leon Benwell influx of foreign students — many of them civil lawyers and seasoned Professor of Law, International Relations and Political Science, corporate attorneys — has given his own classroom a new voice. and academic director of USC Law’s graduate and international “Not only are these students learning from specialists and schol- programs. “One idea is consistent with the next. They’re all on ars about the new economy and a new community, but they’ve also the same track.” given us a different perception,” Smith says. “By interacting with them in and out of the classroom, our J.D. students can better understand that we’re only a very small part of the legal structure in the world. There’s much more out there. Some of these systems USC LAW INTRODUCES NEW GLOBALIZATION COURSE do a better job than we do, and our students are in a very good position to take advantage of that learning.” The idea stemmed from a faculty retreat a few years Although many courses — corporate law and intellectual property ago: a new course devoted to examining the impact law, in particular — have a healthy blend of J.D. and international of globalization in such areas as constitutional law, trade law, military law and the environment. students, some are designed specifically for LL.M. candidates. Smith, That brainchild, under the direction of Christopher for example, teaches Introduction to the U.S. Legal System, and this Stone, the J. Thomas McCarthy Trustee Professor of Law (pictured at year three sections of LL.M. Legal Writing are being offered. left), came to fruition at USC Law last fall. Called “Globalization and “These students already have a solid legal background, so they’re the Law,” the course tackles the following questions: Should U.S. used to doing things in specific ways,” says Jean Rosenbluth, director courts take foreign legal judgments and materials into account? of legal writing and advocacy and adjunct professor of law. “With Should the U.S. submit to international law in fixing limits on the legal writing, especially, they almost have to erase what they’ve interrogation of prisoners? Is the North American Free Trade Agreement exporting jobs and widening wage gaps? Should we learned in the past. The good thing is, they’re eager, mature and be opening our borders to more immigrants? ready to learn. They are a very receptive audience.” “Interaction among people across the world is increasing at an And they have very impressive resumes. Many come from accelerating pace as barriers to the exchange of labor, products, capi- prestigious law firms or have business backgrounds at leading tal, diseases, pollutants and services are lowered,” Stone states in a international companies. Some are prosecutors or bankers. One course outline. “Globalization offers new opportunities and intensifies is a law professor, while others serve as government officials. One old problems. All in all, it is making strong demands on governance graduate was the general manager of Korean Air’s legal department. and legal institutions with pronounced implications on the law that today’s students will find themselves practicing.” Another was director of legal affairs for the second-largest producer Additionally, USC Law’s traditional course offerings have taken of Spanish-language programming in the world. Others have served a decidedly international turn in recent years. Today’s curriculum on the bench, including a judge in China’s Guang Xi High Court. includes International Business Transactions, International Intellectual For Jusneet Chowdhary, the diversity in backgrounds, culture Property and International Human Rights, among other classes that and geography make for an extraordinary experience. furnish a global perspective. “I’m surrounded by intelligent people from all over the world,” “There’s definitely a growing interest in many different areas of she says. “We’re all different, but we’ve come together for the same international law,” says Clinical Professor Niels Frenzen, who directs the law school’s Immigration Clinic and serves on USC Law’s International purpose. We’re a family.” Programs Committee. “People are looking outward.” Fall 2005 Magazine Feature 13
“I’m surrounded by intelligent people from all over the world.” Feature Magazine Fall 2005 14
Celebrating 40 years of Law, Language and Ethics at USC A CURRICULARrevolution By Associate Dean John G. “Tom” Tomlinson
1965 was a pivotal year for USC Law, for a number of reasons. That year, the Southern California Law Review announced the retirements of Professors William Burby, Pendleton Howard and Stanley Howell, each of whom had been on the faculty for nearly 40 years. It also was the year that USC Law began a plan to replace its outdated building, which had been home to the school since 1925. And 1965 was the year that Christopher Stone arrived at USC, hired to teach a new course that would be the foundation for the future of the law school’s curriculum: Law, Language and Ethics.
Illustration by Naomi Shea Fall 2005 Magazine Feature 15 Feature Magazine Fall 2005 16
LL&E, as it’s now fondly known, represented a profound shift THE BIRTH OF A COURSE in the way the law was understood and taught. The course was In September 1965, USC Law Professors George Lefcoe, Bill intended to be the heart of a curriculum that held the study of law Bishin and Chris Stone, undergraduate philosophy majors all, to be an interdisciplinary affair, one that challenged students to helped coach more than 150 first-year law students (including incorporate the concerns of related fields — linguistics, ethics, Scott Bice ’68, who would later become USC Law dean and an sociology, philosophy and economics, among others — into their LL&E professor himself) as they encountered the brand-new thinking. The course also was conceived as the bone structure on Law, Language and Ethics curriculum for the first time. which all subsequent courses — torts, contracts and criminal law, While Bishin and Stone taught the course, discussions within for example — would hang. As such, LL&E would not only be an the law school regarding curricular change had been in progress introduction to a USC legal education, it also would become the since at least 1963, when George Lefcoe arrived at the law school. adhesive that would bind the school’s curriculum together. Lefcoe, a 1962 Yale Law School graduate, found those conversations “LL&E is, perhaps, the perfect balance of tradition and evolution…”
That adhesive has held for 40 years, and it shows no signs about curriculum reminiscent of some he had experienced at Yale. of weakening. More than 6,800 students (well over two-thirds of At USC, he championed a course that would be a “philosophically the law school’s living alumni) have taken LL&E, and at least a oriented introduction to legal thought.” Lefcoe’s legal thinking dozen USC Law professors have taught the course. No one has stemmed from that of the venerable Yale Law School Professor taught it more frequently or more authoritatively than Professor Myres S. McDougal. His was the kind of policy-oriented, interdis- Stone, who continues to teach LL&E to ambitious and uncertain ciplinary approach that imagined law as a process, a method of first-year law students at USC. decision-making rather than a body of rules. Lefcoe shared the views of USC Law’s new dean, Orrin Evans, who also spoke fluent McDougal. Evans himself was a Yale Law graduate, and McDougal had served as his dissertation adviser. When Evans was appointed dean of USC Law in 1963, he soon thereafter made Lefcoe his first faculty appointment. A year later, Evans brought Harvard Law School graduate William B. Bishin to the USC Law faculty. Buttressed by the visionary intellectual muscle of Lefcoe and Bishin, Evans spent the fall of 1964 and the spring of 1965 inform- ing various law school constituents that a revamped curriculum was imminent. By late spring 1965, Bishin had drafted a syllabus for LL&E. With an incoming class of 150, Evans began the search for another LL&E professor and succeeded in hiring Stone, a 1962 Yale Law School graduate, to teach a section of LL&E that fall. With Stone’s arrival, the preparation phase of the curricular revolution was finished.
AN ENTIRELY NEW APPROACH Prior to Stone’s arrival, Bishin had crafted a tidy explanation of the course; the essay “Law, Language and Ethics” appeared as the lead article in the summer 1965 issue of the Southern California Law Review. A student editor’s note explained to readers that Bishin’s article “deserves prominence, for we believe it not only describes a new course but also an entirely new approach to our legal education.”
Christopher Stone teaches LL&E in spring 1994. Fall 2005 Magazine Feature 17
For Bishin, LL&E evinced “this law school’s determination to may have their special languages and rules, the ways in which offer a course dramatizing the relevance and utility of significant a student can ask questions within each course or reason out philosophical thought in the solution of problems faced every day answers is the commonwealth of LL&E. Professor Andrei by lawyers, judges, legislators.” Bishin understood that in all legal Marmor, meanwhile, brings an analytical philosophical bent to contests, “disputants are really arguing about the nature of reality, his course, one applied to the problems of moral issues and legal the problem of knowledge, the functions of language, the requi- decisions, theories about the nature of law, legal reasoning and sites of morality, the meaning of the good life, the ends of society.” adjudication, law and interpretation, and constitutional democracy. Central to Bishin’s understanding of law and language was the Each professor offers his or her own perspectives to the teach- notion that all disciplines of thought are “sub-categories of episte- ing of LL&E, and that perhaps is the core of its value. Professors mology.” Hence, LL&E argued that what one knows is composed of organizations of experience rather than “facts” of the natural experience. It was Bishin’s hope that students would exit LL&E with a more sophisticated “philosophical” skepticism beyond that developed through the case method or Socratic questioning. In his essay, Bishin wrote that Law, Language and Ethics offered an invaluable opportunity for students to learn to integrate and coordinate the thoughts of different disciplines into their lives in the legal profession. These “sub-categories of epistemology” — the fields of sociology, anthropology, economics, science and mathematics — had something to offer the well-burnished legal mind, Bishin argued. He anticipated what is today a seamless part of the USC legal education: interdisciplinality. That more than a third of the pres- ent law school’s faculty hold graduate degrees in fields other than law affirms the enduring importance of Bishin’s vision. In the “practice” of teaching LL&E, Bishin and Stone engaged many faculty colleagues in the conversation about how the assumptions of LL&E might serve to unify the entire law school curriculum around some common and enduring questions. In addition to Lefcoe, Martin Levine, Francis J. Jones, Leonard Ratner and Harold Solomon weighed in to voice support for the new course. Other faculty then teaching at the law school helped further shape the early life of LL&E. Gary Bellow, Scott Bice, Richard Epstein and Joel Shor are still acknowledged in a grateful introduction to the 1972 case book published by Stone and Bishin, titled Law, Language and Ethics: An Introduction of Law and Legal Method.
A SUPPLE INHERITANCE Forty years of LL&E at USC have made what once was revolu- tionary a tradition — but a flexible one. As Professor Nomi keep faith with the ideas set forth by Bishin and Stone, but are Stolzenberg, who has taught the course several times, expresses it: able to express their own intellectual voices and interests within “The course is an inheritance that one keeps faith with — it is a that framework. LL&E is, perhaps, the perfect balance of tradi- touchstone with the written aspirations of Bishin and Stone, yet it tion and evolution — and its enduring place at the heart of the is supple enough to allow for each professor to teach the course in USC curriculum is testament to the legacy of the work done 40 ways that are important to them.” For Stolzenberg, LL&E must years ago by academic visionaries at USC Law. include considerations of legal reasoning and interpretation, the language, morality and politics of law — issues that reflect her own special interest in the culture of law. Professor Ronald Garet shapes LL&E to help students be mindful of its complementarity to the full legal curriculum at USC. While law school courses in torts or contracts or procedure
Nomi Stolzenberg circa 1994. Feature Magazine Fall 2005 18
CPK co-founder Larry Flax ‘67 is using his legal education to redefine the American pizzeria From courtroom to kitchen
By Gilien Silsby
Giving up the title of CEO did not suit Larry Flax well. There were only so many holes of golf to play and Caribbean cruises to sail. And every time he went out to dinner, he felt hungry for his day job. Flax, who gave up his title of CEO yet remained co-chairman of the high-flying California Pizza Kitchen in 2000, was growing tired of relaxation and boredom. His long-time business partner, Rick Rosenfield, was experiencing the same long- ing for pizza. So after three years, the pair — who had been a team since their lawyer days at the U.S. District Attorney’s office — went back to running CPK full time.
Photos by Felipe Dupouy Fall 2005 Magazine Feature 19 kitchen Feature Magazine Fall 2005 20
“We tried to leave and have a hands-off approach, but it didn’t work out well for us or the company,” said Flax, 63. “I think we appreciate the business much more since we were away for a time. We realized we needed the company and the company needed us.” Flax, an avid supporter of USC Law and a member of the school’s board of councilors, said he sees no need to stop working. “Look at Warren Buffet: He’s 75 years old and still runs Berkshire Hathaway Inc.,” Flax said. “I can see myself working for another 25 years because it’s really more of a lifestyle than work.” Today, Los Angeles-based California Pizza Kitchen boasts 185 restaurants, posting $419 million in sales in 2004. That’s nearly double the $211 million in revenue in 2000. Known for its eclectic, gourmet mix of ingredients, CPK was named Editor’s Choice among family restaurants in 2005, according to L.A. Parent Magazine. And after 20 years in business, Flax and Rosenfield are not rest- ing on their chicken barbecue pizzas. During their stint away from running the day-to-day operations of California Pizza Kitchen, the pair launched L.A. Food Show in field study of his or her own design. The study Larry designed Manhattan Beach, Calif., in June 2003 to the rave reviews of critics required him to interview a cross section of USC people. Along with and customers. They plan to add more across the country in the next questions on the subject of the study, there were usual demographic several years. And to target the busy working customer hungering for questions. I still remember the bewildered phone call I got from a take-out food, CPK recently began serving its signature dishes at 100 USC vice president, asking me why one of my students wanted to curbside takeout locations. know his religion.” “My law degree really gave me the ability to start a restaurant business.”
Law school was a pivotal time in Flax’s life and, ultimately, The key to success, Flax said, is to constantly grow, change and his career. mix up the concept whether it involves items on the menu or the “My law degree really gave me the ability to start a restaurant culture of their restaurants. business,” he said. “Becoming a law student was a life-changing “We know that we can’t be stagnant to be successful,” he said. event because it was really the first time I thought I could have an original idea. I never thought that as an undergraduate. Law school ‘A LIFE-CHANGING EVENT’ at USC inspired me to come up with creative ideas.” Since his days in law school at USC — where he was Student Bar When Flax attended USC in the mid-1960s, USC Law was going Association president — Flax has been anything but traditional. through a revolution of sorts. It was shifting from Blackletter law — According to USC Law Professor George Lefcoe, Flax had a the study of basic law and tools to pass the bar exam — to a more reputation as an easy–going guy who was considerate, congenial Socratic approach. and “always ready with a warm smile.” “At the time we were attracting more world-class law professors But he also was known for his unconventional approach to who challenged students to think through things,” Flax recalled. class assignments. “It’s how most law schools are today, but it was pretty controversial Martin Levine, vice provost for faculty affairs and a law professor at the time. As I look back, I realize that the discipline of law is at USC, remembers Flax as a lively and active participant in lecture about a logical progression of ideas, looking forward and thinking classes and at off-campus retreats. outside the box. Those skills are exactly what it takes to be a “Larry signed up to participate when I offered a seminar in social successful entrepreneur.” science research and the law,” Levine said. “Every student did a Fall 2005 Magazine Feature 21
After graduating from the USC Gould School of Law, Flax and his Flax also came across several inefficiencies in the restaurant. For soon-to-be business partner, Rosenfield, practiced criminal law in example, the way the dishwasher was loaded didn’t make sense, and the Beverly Hills. But they were entrepreneurs at heart. large plated glass front door was constantly smudged by fingerprints. While they tried cases during the day, they spent their evenings Both ultimately were changed. mapping out the perfect restaurant. “It was a real eye opener,” he said. “I think it’s one of the best “We always dallied with the idea of a restaurant business,” Flax exercises an executive can participate in.” said. “As attorneys, we were traveling all over the country, and we were burnt out. We realized criminal law is not the best way to ‘DON’T OVERCOOK IT’ attain happiness.” For years, CPK has enforced a culture it calls R.O.C.K. — respect, opportunity, communication and kindness. It’s especially important, ‘CONTINUOUSLY EXPERIMENT’ Flax and Rosenfield were silent partners in an upscale Italian restau- rant in 1975 while still practicing law. The restaurant failed, but that didn’t stop them from trying again. They came up with another restaurant idea after admiring the menu at Spago but realizing few families could afford even an appetizer. When a storefront became available next to their law offices in Beverly Hills, they launched a family-oriented gourmet pizza restaurant with an exhibition-style kitchen centered around an open-flame oven. With crayons and a kids’ menu, they created a casual, family- friendly restaurant. They called it California Pizza Kitchen. Although chicken barbecue pizza was at the heart of their menu, they also introduced unconventional toppings like smoked Gouda cheese, fire-roasted chilies and chipotle sauce. And while porcini mushrooms and gorgonzola cheese are standard restaurant fare today, they were nearly unheard of in family-style restaurants in 1985. Today, the ingredients continue to surprise — Kung Pao Spaghetti, Thai Chicken and Jamaican Jerk Pizza are among the unique offerings. To appeal to the customer with traditional tastes, the menu also offers more standard fare, including a variety of Neapolitan pizzas, a classic Caesar salad and fetuccine with garlic cream sauce. Flax said, when a company is publicly traded and stockholders “We have a menu committee at CPK that Rick and I lead,” Flax are watching. said. “We continuously experiment with menu items and flavor combi- “We started realizing that the company’s goal shouldn’t merely nations to create innovative, distinctive tastes. That’s really our goal.” be focused on reaching Wall Street’s expectations but more on what In addition to trying new ingredients, Flax realizes the look and is best for the company in the long run,” he said. “Wall Street might feel of restaurants also must change. The company is slowly replacing want you to do one thing — like grow quickly — but we have its trademark yellow, white and black décor with more modern earth always gone with our gut. We realize that it’s best to grow in a con- tones, booths and granite marble counters. trolled fashion. We also like to tell our people, ‘Don’t watch our Even the company culture is evolving. After participating in the stock, watch our customers.’ If you get fixed on stock price, you can 2004 reality television show “Now, Who’s Boss?” on TLC, Flax go in all sorts of wrong directions.” and Rosenfield eliminated some longtime employee regulations. Knowing the law and having experience as a lawyer have been The TLC program showed corporate leaders struggling to invaluable for Flax. “We know how to protect ourselves,” he said. perform non-executive jobs within their companies. For four straight “We know all about contracts and how the law fits in when it comes days, Flax and Rosenfield did everything from washing dishes to to the daily running of the business. Law is a very logical discipline. waiting tables. It’s about how to get from point A to point B. That’s just like the In the process, they realized how uncomfortable some of the restaurant business.” CPK rules were. And that is something he points out to law and business students “I didn’t feel good about pushing certain items or suggesting during his regular seminars at USC. “I tell the students if you have a dessert,” Flax said. “That’s not to say some waiters don’t love doing great idea, don’t overcook it. Just go for it,” Flax said. “If I thought this. But what I realized is, it isn’t something we should insist on.” about all of the risks opening California Pizza Kitchen, I would have never had the guts to try.” Faculty News Magazine Fall 2005 22 Faculty *Footnotes (a selection of recent faculty activities)
David B. Cruz, professor of law, delivered joined the national governing board of Common Cause, a nonprof- the annual Social Justice Diversity Lecture, it organization that works to make government more accountable “Marriage Rights, Privileges and Immunities,” to citizens. Professor Garrett continues to serve as director of the at Santa Clara University School of Law, where USC-Caltech Center for the Study of Law and Politics, through he also received one of the Dukeminier Awards which she and John Matsusaka, president of the Initiative and for his article “Disestablishing Sex and Gender.” He was widely Referendum Institute at USC, recently received an $80,000 grant quoted by the media on issues related to same-sex marriage legis- from the John Randolph Haynes and Dora Haynes Foundation to lation and court battles around the country, as well as a range of support research on initiatives and referendums at the local level other constitutional law matters. in Southern California.
Mary L. Dudziak, Judge Edward J. and Ruey L. Gillian Hadfield, professor of law, was appointed Guirado Professor of Law, History and Political to the editorial board of the Law and Social Inquiry Science, received a James H. Zumberge Research journal. She was the keynote speaker at the Grant from USC to support research on her new Center for Legal Dynamics in Advanced book project, Exporting American Dreams: Thurgood Societies’ third international symposium at Marshall and the Constitution of Kenya. She served as editor for a Kobe University in Japan, where she spoke on the role of law, special edition of American Quarterly, “Legal Borderlands: Law and lawyers and legal education in a market society. The presentation the Construction of American Borders,” published in September was based on her chapter in the Handbook of New Institutional 2005, and co-organized a symposium on the same subject. Professor Economics, “The Many Legal Institutions that Support Dudziak is serving as the William Nelson Cromwell Visiting Professor Contractual Commitments.” She presented research on the of Law at Harvard University for the 2005-06 academic year. “vanishing trial” and the availability of data about the work of the judicial system at the fourth annual “Science for Judges” judicial Ronald R. Garet, Carolyn Craig Franklin conference hosted by Brooklyn Law School, and she presented Professor of Law and Religion, served as president “The Civil Trial: Adaptation and Alternatives” at a Stanford Law of the faculty at USC in academic year 2004-05 Review symposium. and on the committee that advised USC President Steven B. Sample on the selection of USC’s new Thomas D. Lyon, professor of law, received the provost, C. L. Max Nikias. He presented “The Last Full Measure 2005 Award for Excellence in Mentoring from of Devotion: Sacrifice and Textual Authority” at a conference on the USC Mellon Academic Mentoring Support “Text, Tradition and Reason in Comparative Perspective” at Program. Funded by a grant from the Andrew W. Cardozo Law School, and he presented a discussion of the United Mellon Foundation, the award honors excellence States Constitution during USC’s observance of Constitution Day in mentoring by guiding and nurturing collegial and professional in September. This spring, he received a teaching award from the development. Professor Lyon co-authored “The Problem of Child USC Latter-Day Saints Student Association. Sexual Abuse: Response,” which was published in Science, and he co-wrote two research papers presented at the annual conference Elizabeth Garrett, Sydney M. Irmas Professor of the American Psychological Society — one on the recantation of of Public Interest Law, Legal Ethics, Political child sexual abuse and one on reducing maltreated children’s lies. He Science, and Policy, Planning, and Development, also received a $7,500 grant from the USC Undergraduate Research was named vice provost for academic affairs Program for his project “Improving Child Witnesses’ Performance: (see story on Page 25). As a member of President Integrating Legal Practice and Developmental Psychology.” Bush’s bipartisan Tax Advisory Panel, she traveled to several loca- tions to participate in meetings and discuss proposed reforms. She Fall 2005 Magazine Faculty News 23
PROFESSOR NAMED TO TOP 10 LIST Jean Rosenbluth, director of legal writing and FOR CORPORATE & SECURITIES ARTICLE advocacy and adjunct professor of law, was appointed to the state appellate judicial evaluation committee, which reviews the governor’s nominees to the An article by USC Law Professor Eric California Court of Appeal. She also served on the Talley was named one of the 10 “Best survey committee of the Association of Legal Writing Directors. Corporate and Securities Articles of 2004” Rosenbluth, along with USC Law professors Michael J. Brennan, Jody D. Armour and Thomas D. Lyon, was widely quoted by by the Corporate Practice Commentator, media during the trial of pop singer Michael Jackson, who was a quarterly newsletter. acquitted of child molestation charges. The four professors Talley co-authored “Unregulable Defenses and the Perils of appeared in The New York Times, Los Angeles Times, Newsweek, People, Associated Press, Copley News Service, CNN, MSNBC, Shareholder Choice” with Jennifer Arlen, a New York University CBS News, ABC News, Canadian Broadcasting Co., the BBC, School of Law professor and former USC Law professor (1994-2002). Reuters TV, German Public Radio, France’s Agence Presse and The article examined the costs and benefits of granting sharehold- Associated Press TV, as well as numerous local television and radio broadcasts. ers more governance power particularly in the context of takeovers. It was selected by professors in corporate and securities law. Elyn R. Saks, Orrin B. Evans Professor of Law, “Because the Corporate Practice Commentator award is the Psychology, and Psychiatry and the Behavioral Sciences, was appointed associate dean for product of a vote by one’s colleagues in the profession, it’s a very research at USC Law. She received a two-year nice form of recognition,” Talley said. grant from the Greenwall Foundation for a Talley and Arlen argue that in some cases, granting shareholders project called “Competency to Refuse Treatment: An Empirical Study of Judges’ Understanding of this Concept in California, enhanced rights to oversee takeover defenses might actually hurt Massachusetts, and New York.” She presented “Determining shareholder interests over the long run. Capacity” at the Southern California Bioethics Committee “A number of corporate law scholars have recently proposed Consortium and “Competency to Consent to Research” at the PRIM&R (Public Responsibility in Medicine & Research) annual various types of shareholder empowerment schemes,” Talley said. conference in San Diego. She is serving as a board member of the “Most commentators agree that shareholder oversight is justified Association of American Law Schools’ Section on Mental only insofar as shareholders enjoy a bona fide advantage over Disability Law. managers in evaluating and responding to hostile bids, and thus Robert M. Saltzman, associate dean and the debate has generally circulated around whether shareholders adjunct professor of law, was appointed to the hold such an advantage.” Los Angeles City Ethics Commission by Mayor Antonio Villaraigosa. As one of five commission- Talley and Arlen challenge that basic premise, arguing that ers, Dean Saltzman is charged with administering even if shareholders did enjoy an advantage over management and enforcing the laws on governmental ethics, campaign finance in reacting to hostile bids, it does not follow that a shareholder and lobbyist activities. He also was elected to a two-year term on the board of directors of the Gay and Lesbian Leadership choice regime is desirable. The core reason, according to Talley, Institute, a national nonprofit organization that supports the full is that takeover bids happen only infrequently — and at the participation of gays and lesbians in the government. end of a process that is inescapably dominated by day-to-day
Dan Simon, professor of law, received a renewal managerial decisions. on his $176,000 grant from the National Science “And therein lies the rub,” Talley concludes. “A shareholder Foundation to support research on “Coherence- choice regime could give managers an incentive to search early based Decision Making: A Theoretical Framework and Practical Applications,” a joint on for ways to manipulate governance, contracting practices or cor- project with Stephen J. Read (USC Department of Psychology) porate culture in ways that make the firm an unattractive takeover and Keith J. Holyoak (UCLA Department of Psychology). He target to begin with. If management’s reaction ensures that no presented research at the Law and Society Association annual meeting; the American Psychological Society annual convention; takeover bid ever occurs, then the additional leverage that share- the American Law-Psychology Society annual conference; and the holders have in evaluating such bids would be a hollow victory.” Society for Judgment and Decision Making annual meeting. — Gilien Silsby Faculty News Magazine Fall 2005 24
FCC economist joins USC Law to head communication research center
Simon Wilkie
imon Wilkie, an internationally recognized scholar from “Very academic research often isn’t helpful in the real world,” Caltech with extensive experience in the communica- Wilkie said. “We plan to offer achievable recommendations, tions industry, has joined USC as director of the Center understanding that the law is complex, technology is complex, for Communication, Law and Policy. and communications is complex.” Wilkie was previously a senior research associate With Dean Spitzer, Wilkie spearheaded a USC Law conference Sin economics at Caltech and an economist with the Federal on broadband communication in Washington, D.C., held in late Communications Commission. At the FCC, he worked on policy October. The cutting-edge conference examined the impact of issues under former chair Michael Powell. current FCC policies and federal legislation on research and tech- “We are honored to have brought someone of Simon Wilkie’s nology in the telecommunications industry. “Broadband Wireless: caliber to USC Law,” said Dean Matthew L. Spitzer. “He is a Is the U.S. Lagging?” assembled some of the nation’s leading highly regarded economist who is respected in both academic and academics, telecommunications industry stars, and policymakers government circles. He certainly will enhance the law school’s to discuss issues ranging from proposed legislation for municipal reputation as one of the nation’s leaders in the study of law and wi-fi to the state of broadband technology around the globe. communications policy.” Before joining Caltech in 1995, Wilkie was a member of the Each year, Wilkie plans to focus the center’s research on a technical staff and a post-doctoral fellow at Bell Communications single pressing communications industry issue. The center — Research (BellCore). He also has served as an industry consultant known for its rigorous academic work on the crucial questions of on auction strategy to various companies in the United States, the communications law and policy facing the United States and the United Kingdom and Australia. international community — also will host symposia on important Wilkie is on the editorial board of the Journal of Public issues facing the industry. Economic Theory and has published widely on subjects including Initially, Wilkie will lead a study on policy issues, including spectrum auctions, game theory and telecommunications regula- media bundling, which he says is a widely used strategy among tion. He received his bachelor’s degree in economics at the cable and other communications companies to sell consumers an University of South Wales, and his M.A. and Ph.D. in economics entire package of goods rather than offer them a la carte. With at the University of Rochester. He was formerly a faculty member findings in hand, the center will offer white papers or recommen- of Columbia University and Rochester. dations to Congress. — Gilien Silsby Fall 2005 Magazine Faculty News 25
Law professor named vice provost
Elizabeth Garrett
lizabeth Garrett, the Sydney M. Irmas Professor of Public Garrett will continue her own cross-disciplinary work at USC Interest Law, Legal Ethics, Political Science, and Policy, Law, where she is director of the USC-Caltech Center for the Planning, and Development at the USC Gould School of Study of Law and Politics and a member of the board of directors Law, has been named vice provost for academic affairs at of the Initiative & Referendum Institute at USC. She also contin- the University of Southern California. ues to serve on the bipartisan Advisory Panel on Federal Tax E“Beth is one of the country’s leading scholars in the interdisci- Reform, to which she was appointed earlier this year by President plinary field of law and politics,” said C. L. Max Nikias, USC George Bush. provost and senior vice president for academic affairs. “She has a “As the nation’s top scholar on the law of the political process, clear and creative vision that will help us take USC to the highest Beth has raised the university’s profile as a national center for the levels of achievement.” study of law and politics,” said Dean Matthew L. Spitzer. “She has Howard Gillman, a professor of political science who holds been able to bring together very diverse people and scholarship in a joint appointment with USC Law, was named associate vice ways that advance the law school’s research and teaching missions. provost for research advancement, social sciences. In her new role as vice provost, she’ll take these efforts to a level In her new role, Garrett will be responsible for all university that will benefit USC as a whole. We’re thrilled to have her repre- academic programs, including cross-disciplinary and interdiscipli- senting the law school in this important university position.” nary programs, centers and initiatives. She will assist schools in Garrett said she is ready for the challenge of taking USC to recruiting top scholars and will work on curricular improvement the next level of excellence. In particular, she said USC’s focus on and flexibility at the undergraduate and graduate levels consistent interdisciplinary programs promises to stimulate research, scholar- with the objectives set out in USC’s Plan for Increasing ship and teaching that will allow the university to become among Academic Excellence. the most innovative and influential universities in the world. Garrett also will oversee programs to improve the educational “USC’s gains in academic quality over the past 10 years experience of undergraduate and graduate students, including may well represent the fastest rise in the history of higher those focused on learner-centered programs. She will direct the education,” Garrett said. “I am excited to be working with Graduate School and work with schools to ensure that USC Provost Nikias to build on and even accelerate that substantial recruits top-notch Ph.D. students, improves the quality of gradu- and impressive achievement.” ate programs at the university, and provides appropriate support in an academic environment. — Gilien Silsby Faculty News Magazine Fall 2005 26
Three faculty named to endowed professorships
Edward McCaffery, Elizabeth Garrett and Eric Talley were named to endowed profes- sorships this spring in a ceremony that celebrated their accomplishments as well as the generosity of the donors who endowed the positions.
“Endowed professorships honor both the scholars who fill and Development and the USC College of Letters, Arts & them and the generous people who support them,” said Dean Sciences. A widely respected expert on the legislative process, Matthew L. Spitzer. “We simply could not sustain the incredible direct democracy, the law of the political process, the federal scholarship, teaching and study that we do without the help of budget process and administrative law, she is director of the our graduates and friends who share USC Law’s commitment USC-Caltech Center for the Study of Law and Politics. to excellence.” Garrett’s professorship is named for the late Sydney M. Irmas, McCaffery was named the Robert C. Packard a 1955 graduate of USC Law and a respected attorney and philan- Trustee Chair in Law and Politics Science. He thropist. Irmas was an active supporter of USC Law throughout also is a visiting professor of law and economics his life; he and his wife, Audrey, established the law school’s at Caltech. An internationally recognized expert Public Interest Endowment in 1990, and Mrs. Irmas continues to in tax law, he studies tax policies, tax structures, support public interest programs at USC (see story on Page 7). and law and economics. Talley was named the Ivadelle and Theodore McCaffery’s professorship is named for the late Robert C. Johnson Professor of Law and Business. He also is Packard, a 1947 graduate of USC Law and a widely respected trial a senior economist at RAND Corporation. A widely attorney and steadfast supporter of the University of Southern respected expert on contracts, corporations, and California. During his nearly 50-year career with the prestigious law and strategic behavior, he studies stockholder law firm of Kirtland & Packard, Packard became one of the rights, corporate litigation and securities. nation’s leading airline defense attorneys. Talley’s position is named for the late Ivadelle and Theodore Garrett was appointed the Sydney M. Irmas Johnson. A successful businessman and banker, Theodore Professor of Public Interest Law, Legal Ethics, Johnson grew up in the area now occupied by USC’s Bovard Political Science, and Policy, Planning, and Field. He and his wife were longtime supporters of the university. Development. She also is vice provost for aca- demic affairs at USC (see story on Page 25) and — Melinda Vaughn holds joint appointments in the USC School of Policy, Planning, Fall 2005 Magazine Faculty News 27
New chair in healthcare law and ethics to lead cutting-edge research at USC
From left to right: Scott Bice, Terry Bonecutter and Joseph Brandlin
QueensCare, a leading provider of healthcare to uninsured and and uninsured families in Los Angeles County. The organization’s low-income families in Los Angeles County, has given the USC charitable foundation provides grants to groups that work toward Gould School of Law $1.5 million to establish the Scott H. Bice the same goals. Chair in Healthcare Law, Policy and Ethics. “Healthcare law, policy and ethics are things we deal with The endowed chair is named in honor of the law school’s former every day,” said Bonecutter. “This endowment is a natural for us, dean, Scott Bice, who is currently a professor at USC Law. and we’re just happy we can honor Scott Bice for all he has done The chair will significantly enhance USC Law’s leadership in for healthcare law.” producing high-quality education and research on the policy, legal “Our connection with the law school is very important,” added and ethical issues surrounding healthcare, said USC Law Dean Joseph Brandlin, who founded QueensCare in 1975 and is a for- Matthew L. Spitzer. After a rigorous national search, the position mer member of the QueensCare board of directors. “USC has is expected to be filled by a scholar with a strong record of national done impressive legal work in healthcare law.” leadership in healthcare law and ethics research and teaching. For nearly a decade, QueensCare has supported the USC Once installed, the Scott H. Bice Chair in Healthcare Pacific Center for Health Policy and Ethics, a multidisciplinary Law, Policy and Ethics will convene scholarly explorations of research center designed to study critical and complex problems needs, resources and determinants for improving healthcare for in healthcare and research. In particular, the center focuses on underserved populations such as those served by QueensCare. scientific and clinical findings that define values and pose ethical This research also would impact national healthcare and policy questions in healthcare. analysis and could strengthen advocacy efforts on behalf of “This endowed chair is a superb tribute to Scott and the work underserved communities. he has done to bring QueensCare and the USC Pacific Center The chair was established with the help of Joseph Brandlin, a together to address society’s complex healthcare issues in a rational 1938 graduate of the USC Gould School of Law; Terry Bonecutter, and sound manner,” Spitzer said. “Clearly, this chair will facilitate president of QueensCare; and the QueensCare board of directors. valuable research and activity that will have broad implications far Brandlin’s daughter, QueensCare Senior Vice President Barbara beyond the scholarly realm.” Brandlin Pulley, also was instrumental in the formation of the new chair. — Gilien Silsby QueensCare is a faith-based organization that strives to provide accessible and affordable healthcare for low-income Alumni Profiles Magazine Fall 2005 28
To complement the feature story on USC Law’s growing international programs (see Page 10), the following alumni profiles focus on a few of the many USC Law grads whose careers or activities are global in scope.
For women everywhere Kathleen Peratis ’66 honored for international women’s rights advocacy
At 18, R. Ahmed was forced by her Jordanian family to marry ACLU’s Women’s Rights Project and during three decades of private a cousin. When she fell in love with a Lebanese neighbor and practice specializing in plaintiffs’ side employment discrimination planned to flee with him to Syria, suspicious uncles followed her and class actions — to brothels in Bosnia, a race conference in and shot her multiple times, leaving her for dead. Durban, and a United Nations’ drafting conference in Vienna on During her five-month hospital recovery, Ahmed was persuaded anti-trafficking rules. not to press charges against the uncles. Her return home, however, Though most trips evoke horror stories like those from the was greeted with new threats from her uncles. The governor of Jordanian prison, she manages to find some humor as well. During her province declared that her only choice was to go to prison. the Bosnia trip to research trafficking, she and her team feared Nearly 10 years later, Ahmed met Kathleen Peratis ’66, who they were being followed. They assumed code names for every- came to her prison with colleagues from Human Rights Watch to thing, including each other. “At twice the age of the other HRW interview incarcerated women. The scars of bullet wounds were researchers, mine was ‘mom,’” Peratis recalls ruefully. still visible on the young woman’s shoulders and chest. Recently, Human Rights Watch honored Peratis for her 12 Peratis traveled to Jordan in July 2003 to interview women years of service as the first and only chair of the women’s rights incarcerated in Amman’s Jweideh Women’s Correctional and division. During her tenure, the division increased from one staff Rehabilitation Centre. In Jordan, as in many other countries in the person to 10 and became one of the world’s most important inter- Mediterranean and Muslim worlds, “honor” killings of girls and national women’s rights groups. women by their male relatives remain among the most prevalent Peratis’ passion for women’s legal issues was sparked by a book, physical threats to women. The low profile of this extreme form Simone de Beauvoir’s The Second Sex. “Before reading it in 1966, it of domestic violence is what motivated Peratis to go to Jordan to never occurred to me that discrimination against women might write a report on behalf of Human Rights Watch. have something to do with me,” she says. “After that, it was second “No Western journalist had been permitted in to talk to the nature and the knowledge that animated my professional life.” imprisoned women,” Peratis says. “I felt a great sense of responsibility She also cites another motive for her efforts to obtain justice to tell their stories accurately and to do something about their plight.” for women: “The injustice of gender discrimination seems so But this is hardly the pinnacle of a career devoted to interna- obvious and so fixable,” she says. “Failure seems impossible.” tional human rights. Peratis has taken her expertise in women’s rights — honed as the predecessor to Ruth Bader Ginsburg at the — Karen A. Lash ’87 Fall 2005 Magazine Alumni Profiles 29
Fostering transatlantic relationships
Prestigious fellowship enables Peter Kezirian ’89 to examine pressing issues in Europe
As one of the 2005 American Marshall Memorial Fellows, Peter Kezirian ’89 this summer spent three weeks of intensive public policy work in Europe, examining institutions and exploring eco- nomic, political and social issues in Brussels, Amsterdam, Lisbon, Belgrade and Bratislava. The prestigious fellowship, a project of the U.S. German Marshall Fund, is awarded annually to emerging leaders in politics, government, business, media and the nonprofit sector committed to strengthening transatlantic relationships. It enabled Kezirian, one of 55 fellows selected from 19 states and the District of Columbia, to meet with business, governmental and philanthropic leaders to discuss pressing issues affecting Europe, the European Union and the emerging democracies change, the rule of law, and protection of individual rights. He on that continent. is a member of the Pacific Counsel for International Policy, “There is no better way to create understanding about different observed the 2003 elections in Cambodia, reviewed the NATO cultures than through first-hand experience,” says Marshall Fund peacekeeping efforts in Bosnia and Kosovo in 2001, and partici- president Craig Kennedy. pated in a judicial training effort sponsored by the U.S. Agency for According to Kezirian — vice president for corporate strategy International Development in the Republic of Armenia, among and business development at the Cooperative of American other volunteer activities. Physicians / Mutual Protection Trust (CAP-MPT), a leading writer “Be involved, get in the arena,” he says. “Volunteering enriches of medical liability coverage in the United States — the experi- one’s life by putting you in touch with others on a variety of levels. ence was a true eye-opener. When all is said and done, it is the people-to-people relationships “The tasks ahead of these countries, especially the newly that truly build the foundations for civil society. Sometimes people democratized countries, are overwhelming,” Kezirian says. “But will say that it is easy to volunteer when you are awarded a trip to their willingness to address them in an effective and comprehen- Europe, but there is a great deal more to these efforts. Our work sive fashion is impressive and inspiring. In speaking with my continues every day when we return home. We have to bring back European counterparts, I learned the limits of laws and the power a message that prompts greater understanding between people of individual leadership.” and societies. “I also found that Americans are much more charitable “Volunteerism and participation open new paths to explore, with their time and treasure than Europeans,” he adds. “The broaden your vision, and spark ideas to answer the needs of our selflessness and giving spirit inherent to American culture is communities and others. We must all continue this effort to not necessarily understood in Europe.” improve our societies by publishing articles, participating in think For many years, Kezirian himself has been engaged in various tanks and working on task forces.” forms of volunteerism. Throughout his legal and business career, he has participated in a wide variety of programs to help build — Rizza Barnes international understanding and advance the effort for peaceful Alumni Profiles Magazine Fall 2005 30
democracy Giving a chance Karen Widess ’85 supports democratic efforts throughout the world
The poorest nation in the Western hemisphere, Haiti has a history the relationship to democratic systems, which as a general matter, marred by dictatorships, violent coups, de facto military rule and do not produce refugees,” Widess says. presidential resignations. Upcoming elections could very well be a Although this work crystallized her reasons for going to law turning point in the country’s history. school, Widess also credits her family roots with her passion for Front row center will be Karen Widess ’85, who has been in international affairs and human rights. “My father’s family Haiti since late July on a long-term election observation mission. escaped the Russian Revolution and came as refugees to the “Haiti is an old love of mine, and I’m really committed to doing U.S.,” Widess explains. “I’ve been to the Soviet Union and now anything I can to help the country,” Widess says. former U.S.S.R. many times, beginning as early as 1972. It was Prior to starting law school, Widess was a member of the clear that my family made the right choice, that life is much better Foreign Service posted at the U.S. Embassy in Haiti. She spent in a democracy. And why should only the lucky ones — those who part of her term traveling around the island looking for and inter- happen to be born in or immigrate to a democracy — get to viewing “boat people,” Haitians interdicted at sea by the U.S. enjoy that?” Coast Guard and returned to their native country. Many observers After graduation, Widess worked in a small firm that specialized feared the refugees had fled human rights violations and that the in international business law. Then she got a call from a friend U.S. was returning them only to face further persecution. from her Foreign Service days. It was just after the break-up of “This stimulated an early interest in human rights law, the Soviet Union, and a new organization needed Russian-speak- particularly as it concerns refugees and displaced persons, and ing lawyers. Widess fit the bill. “I left my firm for a one-year period as a volunteer with the American Bar Association’s Central and Eastern European Law Initiative,” Widess says, “and I’ve never gone back to U.S. domestic practice.” Since 1992, Widess has lived and worked in 15 countries — most of the former Soviet Union, the United Kingdom, Bosnia, and now Haiti again. From 2000 until this past June, she worked with the National Endowment for Democracy, a bipartisan, con- gressionally-created foundation that supports indigenous NGOs working to build democracy in their own countries. She reminisces easily about the experiences that have shaped her thinking — the Turkmenistan law students who were shocked by her lecture on secured transactions when they realized failure to pay a mortgage meant you’d lose your home, or the journalist Widess helped in Bishkek, Kyrgyzstan, who endured imprison- ment rather than shut down her opposition newspaper. Yet Widess is humble about what she’s learned. “There is so much we don’t know about the links between democracy, rule of law, freedom, market economies, development — there’s not a lot of academic literature tying this all together, and lots of theories are still being tested in the field,” she says. But one thing, she says, is clear: “A society has to decide for itself what’s best. But, everyone has to be given an opportunity to participate in the decision. That’s what democracy is.”
— Karen A. Lash ’87 Fall 2005 Magazine Alumni Profiles 31
Worldwidescholar
Kenji Hirooka LLM ’04 seeks to contribute to society through job, life and global education
Scott Warner, GSB owner and chair of the firm’s intellectual property group, says Hirooka is definitely “on the hunt for new ideas and experiences. And he brings to work not just what he has learned in school. He has both practical experience and an under- standing of the applicable legal principles. He brings all of this to bear on problems clients face and, as a result, can zero in on what is really at the heart of the problem.” As an intern at GSB, Hirooka worked on a number of cross- Kenji Hirooka is committed to learning for the benefit of his border transactions, including the financial investment in U.S. future clients — all over the globe. real estate by Japanese investors, and participated in corporate While practicing international law with Mori Hamada & and intellectual property law work. He also joined a panel on Matsumoto, a top-ranking firm in Japan, Hirooka was accepted “Arbitration in Asia” for an American Bar Association Section of into USC Law’s still-new Master of Laws program in 2003. After International Law seminar held in Washington, D.C., this spring. receiving his LL.M. degree the following year, he passed the New “Not only does Kenji have an incredible command of our lan- York bar and moved to Seattle to intern with the international guage and legal system, he also was willing to step forward and practice group of Garvey Schubert Barer (GSB). exercise initiative,” says Sara Sandford, GSB owner and co-chair Now he is pursuing another degree. This time he is in of the firm’s international practice group. “His education clearly England, as an MBA candidate at the Judge Business School has given him tools needed to think like an American lawyer.” at Cambridge University. Hirooka also credits his time at USC Law with helping him to “My goal is to contribute to Japanese society and its relationships develop a sensitivity to differences and flexibility in thinking. with other nations through my job and my life,” says Hirooka, “These soft skills helped me at GSB,” he says. “Now I’m very who received his LL.B. from the University of Tokyo and has confident that I can work effectively with American lawyers and served as a legal apprentice with the Legal Training and Research can build mutually trustworthy relationships with American Institute of the Supreme Court of Japan. “I believe that a business lawyers and clients.” attorney doing international practice is the best way for me to achieve that goal, since international competition of corporations — Rizza Barnes is becoming more and more fierce in my country. I hope my work will eventually help enhance transactions between Japan and the rest of the world.” Closer Magazine Fall 2005 32
chambersThe family
By MaryBeth LippSmith ‘02
Dorothy Nelson and MaryBeth LippSmith
he day I received the letter confirming my clerkship Judge Nelson taught us that personal relationships foster a sense marked one of the happiest days of my law school of community and that camaraderie facilitates the best work. We career. Think Happy with a great big capital “H.” learned from her that cookies (preferably homemade or Girl Exuberant. Thrilled. Over the moon! I could not Scout) break down barriers that once appeared insurmountable. believe I stood at my mailbox reading such a letter, She impressed upon us the importance of celebrating even our most minor achievements and embracing life’s gifts. She encour- Taddressed to me, on the very regal 9th Circuit Court of Appeals stationery, from the Honorable Dorothy Wright Nelson. aged each of us to follow our own star, even if it seemed unreachable I also felt overcome with the enormity of my clerkship. or unpopular, and she proudly recounted the professional choices I would have the chance to help decide legal issues of great that allowed her to achieve balance. moment, some of which might later come before the Supreme In imparting these lessons, Judge Nelson carved herself a Court. I would encounter questions of constitutional law that place in each of our hearts. My clerkship gave me a consummate had not yet been decided and perhaps draft opinions not yet mentor, the officiant at my wedding ceremony and a touchstone excerpted in a case book. I would play a role, even if tiny, in for the kind of attorney — and the kind of person — I hope to be. shaping the rule of law. I think of Judge Nelson almost daily at my job as a capital habeas One thing struck me most of all. Judge Nelson closed her staff attorney for the Central District. I remember her equanimity, letter by welcoming me “to the chambers family.” While I did her commitment to justice, her faithful adherence to the law, and not know it then, that one sentence best encapsulates the most her fearless approach to even the most difficult issues. I try my rewarding aspect of my clerkship: the opportunity to develop an best to follow her example, knowing that becoming a member intimate and lasting relationship with a federal judge, with each of of Judge Nelson’s chambers family stands out as the luckiest my co-clerks, with each of the judicial assistants in chambers, and happenstance of my legal career. with many of the clerks at the 9th Circuit during my term. Judge Nelson fostered these relationships. She encouraged us Judge Dorothy W. Nelson LLM ‘56 became the first woman to socialize when we traveled, and she beamed approvingly when dean of a national law school when she was appointed she once happened upon us at a clerk happy hour in Pasadena. dean of USC Law in 1969 and was the second woman She often invited us to lunch with her former clerks. She even appointed to the U.S. Court of Appeals for the 9th Circuit. celebrated each of our birthdays with great pomp and ceremony, In September, she received the inaugural Thurgood Marshall complete with a singing cake stand, balloons and all the clerks in Career Achievement Award from the Chicago chapter of the the courthouse. Association of Corporate Counsel. MaryBeth LippSmith ‘02 I do not mean to suggest that my co-clerks and I did not spend is a capital habeas staff attorney for the Central District of the great majority of our time working hard. We wrote and re-wrote California, where she assists judges with post-conviction each bench memo and draft opinion. We edited one another’s death penalty cases. Previously she was a fellow of the work again and again. We debated the fine distinctions that we Center for Law, History and Culture and an adjunct professor thought the law required and would allow, and we pushed one at USC Law. another to make each project better than the last. All the while, Magazine LL&E turns 40 turns LL&E Nelson Dorothy Judge for Clerking globe across the Grads Curricular A Revolution IN THIS ISSUE
F ALL 2005
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